Leveling the Playing Field Before You Enter the Courtroom

Often eloquence is mistakenly considered to be the most important characteristic in trial work. Preparation is really the difference, however, in how young trial lawyers separate themselves from the pack. It is the great equalizer for attorneys. Here are some tips for how to improve your trial advocacy skills before entering the courtroom.

Be An Expert

The element that probably comes to mind first in terms of preparation as an attorney for trial is familiarity with the case going to trial. It's not just giving the case file a once-over just before walking into the courtroom. Know the facts of the case inside and out. Be familiar with the law that pertains to the case and with each element that is part of the law. Check to make sure no new precedents have been set just prior to trial so you are armed with the most current information. You will want to know how to be prepared to explain why the new precedent does or does not apply to your case. Interview witnesses ahead of time and go over any rules of evidence you may be less familiar with.

Establish Preferences

Be familiar with the personalities involved in the case before you enter the courtroom to help you know what to expect and how to behave. This goes for the judge, opposing counsel, and witnesses. Try to anticipate how the judge will conduct the trial and what preferences he/she may have in the courtroom. If you are unfamiliar with the judge you will be appearing in front of ask other attorneys, court personnel, and even the judge what his/her preferences are and the conduct expected in the courtroom. Another way to get first-hand knowledge of a judge's preferences is to sit in on a case in front of the judge you will appear before for at least a few hours. Observe whether or not the attorneys in trial request to approach the judge and witnesses. Some judges request that lawyers ask to approach, but others don't. It's important to establish this preference so you won't unknowingly give the judge a reason to rule in favor of opposing counsel's motion.

Know where to sit and where to stand in the courtroom. The prosecuting attorney or plaintiff's attorney will always sit closer to the jury because they are responsible for the burden of proof. In criminal cases a defendant could be violent and so they are kept further away from the jury and the defense attorney is seated with their client. Most courtrooms have a podium, but rules differ as to where lawyers are required to stand so it's important to find out what the norm is beforehand.

Be Civil

There has been a decline in civility in the practice of law among attorneys and their clients. Do not take things personally in the courtroom and don't demonize your opponent - it makes it easier to rationalize actions that may or may not be ethical. Remember that the practice of law is done in a community - you may one day be working for the person who is your opponent. People who you work against can have an immediate effect on your career progress.

Play Straight

Ethical breaches, especially with handling of evidence, can be extremely damaging. Take the utmost care in following procedures so you do not have an additional lawsuit on your hands later. If you do make a mistake, make a full disclosure. Taking ethical shortcuts can burn you. Once trust has been lost by an attorney, it cannot be regained.

Proper preparation can only contribute to your success in trial advocacy!